Q1. Carlos works for the Department of Health in Spain as a Compliance Officer. Among others, his duties include on-site inspections of facilities that handle hazardous materials (e.g. hospital waste). The National Health Officers Act of 1996 stipulates in Article 10 that personnel that comes in contact with hazardous materials are entitled to two additional days of paid annual leave.
In 2013, the EU adopted the Employee Benefits Directive 2013/123, which lists a series of benefits for various classes of government employees in the Member States. Article 5 of the Directive stipulates that government employees in roles that involve “high risk for health and safety” are entitled to four additional days of paid annual leave. Article 6 states that Member States should compile a list of positions that involve “high risk for health and safety.” The transposition deadline for the Directive was July 31, 2015, but Spain has not yet implemented the Directive.
By November 2015 Carlos had used up all his annual leave days allowed in domestic law including the two additional days as per the Health Officers Act. In December 2015 Carlos submitted to his employer an annual leave request for two days, which was denied for the reason that Carlos did not have any annual leave days left. Carlos claimed that he is entitled to two additional days according to Directive 2013/123, and that if his employer refused to approve them he is at least entitled to compensation. His employer refused to re-examine Carlos’s request.
Advise Carlos as to whether he has any cause for action under EU law.
